What is the difference between a trademark and a service mark?

A trademark is a symbol, phrase or word that distinguishes a product or service from another and indicates its source. A trademark is typically used to identify the source of products such as clothing, toys, electronics, food and beverages. A service mark is similar to a trademark, but it identifies and distinguishes the source of a service rather than a product. Common service marks include the names of businesses that offer services such as insurance, banking, advertising and legal advice. Trademarks and service marks are often used interchangeably, but they have different legal meanings with slightly different protection in Washington. To register a trademark or service mark in Washington, the product or service must have reached a certain level of public recognition in order to be eligible for a registration. Once registered, trademark and service mark owners can prevent others from using their mark in the same or similar way. If a trademark or service mark is infringed upon, the owner may be entitled to damages. Trademark and service mark law in Washington is regulated by the Washington Service Mark Act and the Washington Trademark Act, both of which define the process for registering and litigating trademark and service mark disputes. These statutes are designed to protect business owners from unfair competition and to promote an efficient and fair marketplace.

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What is the difference between a trademark and a service mark?

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